Executive Order Restricting Certain Work-Visa Holders – A Summary

The rumored executive order restricting certain nonimmigrant workers has been issued on Monday June 22, 2020 barring many categories of foreign workers and limiting immigration visas through the end of the year. Below mentioned is the brief synopsis of the Executive Order.

Who is impacted by the order?

  • Foreign nationals who are outside of the United States and seek to enter in H1B/H4 visa, L-1/L-2 visa, certain J1/J2 visa and H-2B visa status and do not have visas stamped in their passports at the effective date.

Who is not impacted by the order?

  • Immigrants who are already living and working in the United, Lawful permanent residents (Green Card Holders), spouses or children of a US citizen
  • Anyone already holding a valid H, L, or J visa stamp in their passport and are outside the United States
  • F-1 students. F1 OPT, STEM OPT (no change as speculated earlier)
  • Anyone who has an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) which is valid on the effective date of this order
  • Any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain, agricultural laborers, health-care professionals
  • Any alien whose entry in the United States would be in the national interest as determined by the Secretary of State
  • Anyone already holding a valid TN, O1, E3 visa and are outside of the United states
  • All H-1B’s, L1’s, H4EAD, change of status applications, extension of stay filed with USCIS will not be impacted

What is the effective date of the order?

It is 12:01 a.m. EST on June 24, 2020

How long is the ban?

The executive order is scheduled to remain in place all the way through the end of this year (Dec 31, 2020) and may be extended beyond that date.

Purpose of this restriction

The Trump administration framed the move as economic protection for Americans faced with overwhelming unemployment rates. The administration also justified issuance of this new executive order to eliminate competition with foreign workers and make jobs available to American workers.